Los Angeles daily herald., 1887-03-25
PROCLAMATION T!
STAT OF CALIFORNIA,
EXECUTIVE DEPARTMENT,


SACRAMENTO, March 15. 1857
WHEREAS, the Legislature of the State o
California, at its twenty-seventh session, be
ginning on the third day of January, A. D
eighteen hundred and eighty seven, two
thirds of all the members elected to each o
the two Houses of said Legislature voting il
favor thereof, proposed the following de
scribed amendments to the Constitution o
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State Al
amendment to the Constitution of tn,
State, relative to the Judiciary Depart
ment.
Rescued, That the Legislature of the State
of Californis, al its regular session. com
mencing on the third day of January, A. D.
thirds OF all the members elected to each O
| the Houses of said Legislature vo ing in ia
vor thereof, hereby propose that sections
| two and three OF article vi, OF the Constitu
tion of said Sta.e be amended to read al
follows:
Section q The Supreme Court shall CO n.
sist of seven Justices. The Associate Jus
tices of the Supreme Court, in office at the
time of the adoption of this amendment to
the Constitution are hereby continued in
the remainder of the terms to which they
were respectively elecred. The Justices
shall elect one Of their number TO be Chief
Justice, and he shall hold the office of Chief
Jus ice Of said court for Q term OF two
years At the expiration OF the term Of the
years thereafter the Justices shall elect
Chief Justsce for a like term OF two years.
An entry of the election Of such Chief Jus
tice shall be made In the minutes OF the
court and signed by four Justices. When
ever thereafter vacancy occurs in the Of
fee of Chief Justice. like election shall
be had to I'LL such Office for the unexpired
term. The Supreme Court may sit in de.
partments or in bank, and shall always be
open for the transaction of business There
sha be two departments, denomineted, re
spectively, Department One and department
Two. The Chief Justice shall assign three
of the Justices to each department, and
: uch assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department.. and
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court In bank. The
presence of three Justices shall be necessary
TO transact any business in either of the de.
except such as may be done at
chambers, and the concurrence of two Jus
ices shall be necessary to pronounce a
Judgment. The Chief Justice shall appor,ion
he business to the Departments and m y,
IN his discretion, order any cause pending
before the Court to be heard and decided by
,he Court in bank. The order may be made
before or after Judgment pronounced by a
department. but wnere csuse has been al
otted to one OF the departments, and judg.
nent pronounced thereon, the order mus
be made within thirty days after such judg.
nent and cOncurred in by tvs oJ Justices, and II
80 made it shall have the effect to vacate and
may, eth before or after judgment by a
department.. order case to be heard in
bank. If the order be not made wit in the
Line above limited, the judgment shall be
hnal. No Judgment bya department shall
become final until the expiration of the
period of thirty DAYS aforesaid, unless ap.
proved by the Chief Justice. in writing,
with the concurrence of two Justices The |
Chief Justice may cOnve1e the Court in
bank at any time. and shalfbe the presiding +!
Justice of the Court when SO convened. The |
Of tour Justices present at the |
argument shall be necessary to pronounce
Judgment in bank; but II four Justices, SO
present. do not concur IN a judgment, then
nllthe Justices qualified to sit in the cause |
shall hear the argument; but to render |
Judgment concurrence of four Judges
shall be necessary. In the determination
OF causes all decisions of the Court in
bank, or in departments, shall be given |
shall be stated. The Chief Justice NAV sit |
in either department. and shall preside |
when so sitting, but the Justices assigned |
TO each department shall select one of their |
number as presiding Justice. In case Of |
pl 'ce at which the court is held, or his ina. |
bility to act, the Associate Justices shall Sc /
lect one OF the own number to perform /
the duties and exercise the powers of the |
Chief Justice during such absence or ina
biiity to act. The Supreme Court Commits.
sion, created by the act of the Legislature.
approved March twelfta, eighteen hundred
and eighty-fve. shall continu, and be an.
preme Court Commission for four years A.
ter the adoption OF this amendment. Said |
commission may be continued for such
time thereaft = as may be fixed BY an act
passed by vote of two-thirds Of the elected
10 embers of each HouAe of the Legislatuye
and approved by the Governor. The mem.
oeTs thereof an ana .s. Secretary shall be aP
shall be subject to removal
IN like manner as the Judges of the Sn-
preme Court. Said commission shall have
he same power to hear and determine
,auses possessed 6y Department Of the
o the commission In the same manner thev
ire assigned to a department., and after de-.
,ision they may be ordered heard in bank
n the same way, and with like restrictions
nents nf the commission shall be entered
Is the judgments Of the court. The com.
D nissioh shall sit at such times and places as
nay be designated by the conrt. but sucb
shall not exercise any
udiciai functions except when assem-
led a. a commission, and then thew
hall only have power to hear and deter.
nine suchcauses as may have been assigned
D them,
Section 8: The Justices Of the Supreme
ourt shall be elected by the qualified
tate elections and the times and places ~
'hich State officers are elected: !: and the
,rm Of ONCE shall be twelve yeerffrom